I have posted about my recent experience with my miggy, and the battle I am fighting to keep it on the road. That war is still ongoing, although the insurance company have unofficially agreed with the bodyshop owner I am using that they will meet a higher repair cost than they originally offered. This was after I made my feelings clear and made them the offer that if they could find an example with the same spec, service history, mileage, and condition, being built in the last month of Omega production, I would settle. In fairness to them (Ageas) they have been VERY helpful and willing to meet MY expectations with any settlement. They have been open to negotiations all the way through with us ALL working together towards a resolution.. We shall see, and I will be happy once the car is back in shape!
This battle is after I had just concluded another war with Vauxhall at Luton. It involved an air conditioning compressor replacement that I had fitted by their main dealer Caffyns in Ashford in 2014. During the annual service in 2016 it was found to be covered in oil. It was then fully investigated by a Vx Caffyns technician who declared it defunct.
I then paid £964.16 to have the compressor replaced. Immediately I commenced the process to recover my costs through Vauxhall's own complaint system at Luton. Two telephone calls to Luton produced no result, with only "the warranty expired in 2015" being quoted as a reason for not helping me.
I then sent a letter to them detailing out my dissatisfaction and my claim for £964.16 under the terms of the Trade Descriptions Act 1979, citing "Not Fit For Purpose". The executive resolutions team at Vx then wrote to me, again refusing to meet my claim as my car was "over 8 years old", and ALL parts only carry a years warranty.
I then responded with a "Letter before Court Action" making it clear again of my rights under the terms of the Trade Descriptions Act 1979" and that my car being over 8 years old, and the parts carrying only one years warranty did not negate my legal rights. As a retired senior retail business manager I was now in my element, using my professional skills and knowledge to deal with the nonsense being quoted to me.
A letter from the solicitors of General Motors UK then arrived fully itemising why I would not receive any compensation. I then initiated County Court action against Vauxhall Luton, making it clear that it was them who agreed to take full responsibility for my claim away from their main dealer Caffyns who ordinarily would be classed as the supplier of the services and parts, and therefore the defendant in any court action. The Vx web site also quoted their parts had a "minimum 1 years warranty", plus the parts were supplied by Vauxhall Luton.
Various court papers then flowed between the court, me and Vauxhall / GM. I assembled a full legal file on the case for the court, with all my documentary evidence and detailed costings, and these were sent to all parties. I then also wrote to Caffyns Head Office, sending them a legal file.
Next morning, after sending my file, the General Manager of the local Caffyns telephoned to offer, as a "goodwill gesture" full payment of my claim, including the £60 of county court fees. I soon received a cheque for the full £1,024.16 of my claim.
The morale is you NEVER give up and just accept a company's statements of limited responsibility. Check your legal rights, and be prepared for battle. Yes, I have the advantage of professional administration skills and knowledge which includes civil and criminal law that I frequently used and still do, on occasions like now. But you can do it as well.
Don't let the buggers ground you down! If your claim is
reasonable and can be backed up in law, go for it!
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Topic: Fight on with one battle won, another underway and almost won! (Read 5693 times)